Summary Judgment Granted in Wrongful Death Action

Summary Judgment Granted in Wrongful Death Action

Senior Trial Partner Rosaleen McCrory, Partner Elizabeth Sandonato and Associate Edmund Rakowski obtained summary judgment in a wrongful death action venued in Kings County. The claims against Defendant related to the care and treatment that was rendered during the February 9 – 18, 2016 admission.  At the time of her admission, the decedent, was 77 years of age and a long-term resident of the co-defendant nursing home due to advanced Parkinson's dementia.  The claims focused on the alleged development of compression fractures in the lumbar spine and rib fractures due to an alleged fall and the development of a deep tissue injury on the sacrum. Through experts in nuclear medicine and geriatrics, we established the fractures pre-dated the admission at issue and during the 9-dayadmission, skin was intact. The DTI was identified on re-admission to the co-defendant and remained the same for a month after she returned to the co-defendant facility.  By then, the ulcer declared itself and the decedent was actively dying. The court ruled our experts’ affirmations bolstered by the Hospital's medical records clearly proved the treatment rendered was within the appropriate standard of care and any alleged departure did not proximately cause the decedent's injuries and death.  In opposition, plaintiff failed to raise a question of fact as to the Hospital's liability.